Immigration Issues/Can we leave the US


Can we go back to Mexico to have a traditional Catholic wedding after we file for the Fiance visa? Or are we not allowed to leave the US?  

First of all, you can not get a fiancee visa when you are here. Secondly, if you have been here illegally for more than 6 months, you will be subject to a bar if you leave the country. If you are not illegal here now, the way to process is to go home and get married the way you want and then have your spouse come back here and file the I-130 and the then the I-129F for he K-3 visa. The other option if you entered legally, even if you overstayed, is to not leave the country, get married here and file for the I-130 and I-485 here.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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